This will be an interesting case. Actions taken by Moderna that can be tied directly to a Government contract should be protected by the contract’s “Authorization and Consent” clause, the patented can get a reasonable royalty from the Government but no triable damages or attorneys fees. They will likely be able to protect themselves for the development phase. However any non-governmental use and sales of the patented technology shouldn’t be protected, that was at their own risk.
“patentee can get a reasonable royalty from the Government but not treble damages…”